C.K.-W. et al v. Wentzville R-IV School District
| C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People and St. Charles County Missouri Unit of the National Association for the Advancement of Colored People |
| Wentzville R-IV School District |
| American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc. and Comic Book Legal Defense Fund |
| 4:2022cv00191 |
| February 15, 2022 |
| US District Court for the Eastern District of Missouri |
| Matthew T Schelp |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 5, 2022. A more recent docket listing may be available from PACER.
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| Filing 36 MEMORANDUM in Support of Motion re #35 MOTION to Stay filed by Defendant Wentzville R-IV School District. (Marriott, Jeffrey) |
| Filing 35 MOTION to Stay by Defendant Wentzville R-IV School District. (Marriott, Jeffrey) |
Filing 34
Docket Text ORDER: IT IS HEREBY ORDERED that the joint motion of the American Booksellers for Free Expression, the Association of American Publishers, Inc., the Authors Guild, Inc., and the Comic Book Legal Defense Fund for leave to file a brief as amici curiae, Doc. #32 , is GRANTED. Signed by District Judge Matthew T. Schelp on 4/12/2022. (BRP)
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| Filing 33 MEMORANDUM in Support of Motion re #11 MOTION for Preliminary Injunction filed by Amicus Parties American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund. (Heidenreich, Roger) |
| Filing 32 Consent MOTION for Leave to Submit the Amici Curiae Brief by Amicus Parties American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund. (Heidenreich, Roger) |
| Filing 31 ENTRY of Appearance by Roger K. Heidenreich for Amicus Parties American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund. (TMT) (TMT). |
| Filing 30 REPLY to Response to Motion re #11 MOTION for Preliminary Injunction filed by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: #1 Attachment Index of Reply Exhibits, #2 Exhibit Exhibit 54: Declaration of Anthony E. Rothert, #3 Exhibit Exhibit 55: Dr. Skeeters Email re Weeded Books, #4 Exhibit Exhibit 56: Garber Email to Bates re NCAC Letter, #5 Exhibit Exhibit 57: Garber Email to Board re NCAC Letter)(Carney, Molly) |
| Filing 29 MEMORANDUM in Opposition re #26 MOTION to Certify Class Memorandum in Opposition to Plaintiffs' Motion for Class Certification filed by Defendant Wentzville R-IV School District. (Marriott, Jeffrey) |
| Filing 28 MEMORANDUM in Opposition re #11 MOTION for Preliminary Injunction filed by Defendant Wentzville R-IV School District. (Attachments: #1 Exhibit Exhibit A- Policy 120, #2 Exhibit Exhibit B- Policy 310, #3 Exhibit Exhibit C- Policy 1480, #4 Exhibit Exhibit D- Policy 6240, #5 Exhibit Exhibit E- Policy 6241, #6 Exhibit Exhibit F- Regulation 6241, #7 Exhibit Exhibit G- Policy 6310, #8 Exhibit Exhibit H- Regulation 6310, #9 Exhibit Exhibit I- Policy 340, #10 Exhibit Exhibit J- Invisible Girl, #11 Exhibit Exhibit K- Modern Romance, #12 Exhibit Exhibit L- Skeeters Declaration)(Marriott, Jeffrey) Modified on 3/29/2022 (TMT). |
| Filing 27 MEMORANDUM in Support of Motion re #26 MOTION to Certify Class filed by Plaintiffs C.K.-W., D.L.. (Carney, Molly) |
| Filing 26 MOTION to Certify Class by Plaintiffs C.K.-W., D.L.. (Carney, Molly) |
| Filing 25 EXHIBITS Received: 1,2,3,4,5,6,7 and 8 by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. [Physical copies of the following books were received by the Clerk's Office and will be stored in the Clerk's Office file room: The Bluest Eye by Toni Morrison, Lawn Boy by Jonathan Evison, Gabi A, Girl in Peces by Isabel Quintero, Invisible Girl by Lisa Jewell, Fun Home by Alison Bechdel, Modern Romance by Aziz Ansari, Heavy by Kiese Laymon, All Boys Aren't Blue by George Johnson.] (BRP) |
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Filing 24
Docket Text ORDER Re: #23 MOTION for Leave to Appear Pro Hac Vice Vera Eidelman by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 3/17/2022. (TMT)
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| Filing 23 MOTION for Leave to Appear Pro Hac Vice Vera Eidelman. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9187808) by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: #1 Supplement list of additional bar admissions, #2 Attachment certificate of good standing)(Eidelman, Vera) |
| Filing 22 MEMORANDUM in Support of Motion re #21 MOTION for Protective Order filed by Plaintiffs C.K.-W., D.L.. (Attachments: #1 Exhibit 1 - Social Media Re Review Committee Members, #2 Exhibit 2 - Social Media re Suspected Plaintiffs)(Rothert, Anthony) |
| Filing 21 MOTION for Protective Order by Plaintiffs C.K.-W., D.L.. (Rothert, Anthony) |
| Filing 20 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People re #19 Memorandum in Support of Motion,,,,,,,,,,,,, (Rothert, Anthony) |
| Filing 19 MEMORANDUM in Support of Motion re #11 MOTION for Preliminary Injunction filed by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: #1 Index of Exhibits to Memorandum in Support of Motion for Preliminary Injunction, #2 Exhibit 9:Board Regulation 6310: School Libraries, #3 Exhibit 10:Board Policy 6310: School Libraries, #4 Exhibit 11:Board Policy 6241: Challenged Materials, #5 Exhibit 12:Board Regulation 6241: Challenged Materials, #6 Exhibit 13:Review of Instructional Materials Form dated 11/8/2021 for Gabi, #7 Exhibit 14:Email re Book Removal Status, #8 Exhibit 15:Memorandum to Board re Gabi Review Committee Report, #9 Exhibit 16:Review of Instructional Materials Form dated 10/1/2021 for Lawn Boy, #10 Exhibit 17:Review of Instructional Materials Form dated 9/30/2021 for All Boys Arent Blue, #11 Exhibit 18:Review of Instructional Materials Form dated 9/30/2021 for Heavy, #12 Exhibit 19:Review of Instructional Materials Form dated 9/30/2021 for Fun Home, #13 Exhibit 20:Review of Instructional Materials Form dated 10/1/2021 for The Bluest Eye, #14 Exhibit 21:Memorandum to Board re The Bluest Eye Review Committee Report, #15 Exhibit 22:Email re Review Committee Guidelines, #16 Exhibit 23:Transcript of Nixa Parents Meeting with Andy Wells, #17 Exhibit 24:Transcript of January 20, 2022 Board Meeting, #18 Exhibit 25:Email re Parent Choice, #19 Exhibit 26:Email from Board Member re Board Disregard of Recommendation, #20 Exhibit 27:Email from Committee Member re Board Disregard of Recommendation, #21 Exhibit 28:Email from Librarian re Review Process, #22 Exhibit 29:Transcript of February 25, 2022 Board Meeting, #23 Exhibit 30:Email re Book Removal Status, #24 Exhibit 31:Letter from District Counsel re Status, #25 Exhibit 32:Email re Weeding Request, #26 Exhibit 33:Declaration and CV of Dr. April Dawkins, #27 Exhibit 34:No Left Turn Book Challenge List, #28 Exhibit 35:Sandy Garber Board Candidate Statement, #29 Exhibit 36:Declaration of Plaintiff D.L., #30 Exhibit 37:Declaration of Z.L., parent of Plaintiff D.L., #31 Exhibit 38:Declaration of T.K., parent of Plaintiff C.K.-W., #32 Exhibit 39:Declaration of Missouri NAACP President Nimrod Chapel, Jr., #33 Exhibit 40:Declaration of Fun Home author Alison Bechdel, #34 Exhibit 41:Declaration of Gabi author Isabel Quintero, #35 Exhibit 42:Declaration and CV of Harvey J. Graff, #36 Exhibit 43:Andy Wells Facebook Post re Challenge Guidance, #37 Exhibit 44:Andy Wells Facebook Post re Book Challenge List, #38 Exhibit 45:Andy Wells Facebook Post re Values, #39 Exhibit 46:Sandy Garber Facebook Post re Race, #40 Exhibit 47:Sandy Garber Facebook Post re English, #41 Exhibit 48:Sandy Garber Facebook Post re Religion, #42 Exhibit 49:Amber Crawford Facebook Post re CRT, #43 Exhibit 50:Amber Crawford Facebook Post re Race, #44 Exhibit 51:National Coalition Against Censorship Letter to Board, #45 Exhibit 52:Missouri Library Association Letter to Board, #46 Exhibit 53:Email from Community Member re Removal Concerns)(Rothert, Anthony) |
| Filing 18 ANSWER to #6 Amended Complaint,, Answer to Amended Complaint by Wentzville R-IV School District.(Wilson, Matthew) |
| Filing 17 ENTRY of Appearance by Matthew D. Wilson for Defendant Wentzville R-IV School District. (Wilson, Matthew) |
| Filing 16 ENTRY of Appearance by Jeffrey A. Marriott for Defendant Wentzville R-IV School District. (Marriott, Jeffrey) |
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Filing 15
Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to File in Excess of Page Limitation, Doc. #14 , is GRANTED. Plaintiffs are directed to file the Memorandum along with its exhibits. Signed by District Judge Matthew T. Schelp on 3/15/2022. (TMT)
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| Filing 14 MOTION for Leave to File in Excess of Page Limitation memorandum in support of motion for preliminary injunction of 17 pages by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: #1 proposed memorandum in support of motion for preliminary injunction, #2 index of exhibits to proposed memorandum in support of motion for preliminary injunction, #3 exhibit to proposed memorandum in support of motion for preliminary injunction, #4 exhibit to proposed memorandum in support of motion for preliminary injunction, #5 exhibit to proposed memorandum in support of motion for preliminary injunction, #6 exhibit to proposed memorandum in support of motion for preliminary injunction, #7 exhibit to proposed memorandum in support of motion for preliminary injunction, #8 exhibit to proposed memorandum in support of motion for preliminary injunction, #9 exhibit to proposed memorandum in support of motion for preliminary injunction, #10 exhibit to proposed memorandum in support of motion for preliminary injunction, #11 exhibit to proposed memorandum in support of motion for preliminary injunction, #12 exhibit to proposed memorandum in support of motion for preliminary injunction, #13 exhibit to proposed memorandum in support of motion for preliminary injunction, #14 exhibit to proposed memorandum in support of motion for preliminary injunction, #15 exhibit to proposed memorandum in support of motion for preliminary injunction, #16 exhibit to proposed memorandum in support of motion for preliminary injunction, #17 exhibit to proposed memorandum in support of motion for preliminary injunction, #18 exhibit to proposed memorandum in support of motion for preliminary injunction, #19 exhibit to proposed memorandum in support of motion for preliminary injunction, #20 exhibit to proposed memorandum in support of motion for preliminary injunction, #21 exhibit to proposed memorandum in support of motion for preliminary injunction, #22 exhibit to proposed memorandum in support of motion for preliminary injunction, #23 exhibit to proposed memorandum in support of motion for preliminary injunction, #24 exhibit to proposed memorandum in support of motion for preliminary injunction, #25 exhibit to proposed memorandum in support of motion for preliminary injunction, #26 exhibit to proposed memorandum in support of motion for preliminary injunction, #27 exhibit to proposed memorandum in support of motion for preliminary injunction, #28 exhibit to proposed memorandum in support of motion for preliminary injunction, #29 exhibit to proposed memorandum in support of motion for preliminary injunction, #30 exhibit to proposed memorandum in support of motion for preliminary injunction, #31 exhibit to proposed memorandum in support of motion for preliminary injunction, #32 exhibit to proposed memorandum in support of motion for preliminary injunction, #33 exhibit to proposed memorandum in support of motion for preliminary injunction, #34 exhibit to proposed memorandum in support of motion for preliminary injunction, #35 exhibit to proposed memorandum in support of motion for preliminary injunction, #36 exhibit to proposed memorandum in support of motion for preliminary injunction, #37 exhibit to proposed memorandum in support of motion for preliminary injunction, #38 exhibit to proposed memorandum in support of motion for preliminary injunction, #39 exhibit to proposed memorandum in support of motion for preliminary injunction, #40 exhibit to proposed memorandum in support of motion for preliminary injunction, #41 exhibit to proposed memorandum in support of motion for preliminary injunction, #42 exhibit to proposed memorandum in support of motion for preliminary injunction, #43 exhibit to proposed memorandum in support of motion for preliminary injunction, #44 exhibit to proposed memorandum in support of motion for preliminary injunction, #45 exhibit to proposed memorandum in support of motion for preliminary injunction, #46 exhibit to proposed memorandum in support of motion for preliminary injunction, #47 exhibit to proposed memorandum in support of motion for preliminary injunction)(Rothert, Anthony) |
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Filing 13
Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to File in Excess of Page Limitation, Doc. #12 , is DENIED. Signed by District Judge Matthew T. Schelp on 3/14/2022. (TMT)
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| Filing 12 MOTION for Leave to File in Excess of Page Limitation memorandum in support of motion for preliminary injunction by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: #1 proposed memorandum in support of motion for preliminary injunction, #2 index of exhibits to proposed memorandum in support of motion for preliminary injunction, #3 exhibit to proposed memorandum in support of motion for preliminary injunction, #4 exhibit to proposed memorandum in support of motion for preliminary injunction, #5 exhibit to proposed memorandum in support of motion for preliminary injunction, #6 exhibit to proposed memorandum in support of motion for preliminary injunction, #7 exhibit to proposed memorandum in support of motion for preliminary injunction, #8 exhibit to proposed memorandum in support of motion for preliminary injunction, #9 exhibit to proposed memorandum in support of motion for preliminary injunction, #10 exhibit to proposed memorandum in support of motion for preliminary injunction, #11 exhibit to proposed memorandum in support of motion for preliminary injunction, #12 exhibit to proposed memorandum in support of motion for preliminary injunction, #13 exhibit to proposed memorandum in support of motion for preliminary injunction, #14 exhibit to proposed memorandum in support of motion for preliminary injunction, #15 exhibit to proposed memorandum in support of motion for preliminary injunction, #16 exhibit to proposed memorandum in support of motion for preliminary injunction, #17 exhibit to proposed memorandum in support of motion for preliminary injunction, #18 exhibit to proposed memorandum in support of motion for preliminary injunction, #19 exhibit to proposed memorandum in support of motion for preliminary injunction, #20 exhibit to proposed memorandum in support of motion for preliminary injunction, #21 exhibit to proposed memorandum in support of motion for preliminary injunction, #22 exhibit to proposed memorandum in support of motion for preliminary injunction, #23 exhibit to proposed memorandum in support of motion for preliminary injunction, #24 exhibit to proposed memorandum in support of motion for preliminary injunction, #25 exhibit to proposed memorandum in support of motion for preliminary injunction, #26 exhibit to proposed memorandum in support of motion for preliminary injunction, #27 exhibit to proposed memorandum in support of motion for preliminary injunction, #28 exhibit to proposed memorandum in support of motion for preliminary injunction, #29 exhibit to proposed memorandum in support of motion for preliminary injunction, #30 exhibit to proposed memorandum in support of motion for preliminary injunction, #31 exhibit to proposed memorandum in support of motion for preliminary injunction, #32 exhibit to proposed memorandum in support of motion for preliminary injunction, #33 exhibit to proposed memorandum in support of motion for preliminary injunction, #34 exhibit to proposed memorandum in support of motion for preliminary injunction, #35 exhibit to proposed memorandum in support of motion for preliminary injunction, #36 exhibit to proposed memorandum in support of motion for preliminary injunction, #37 exhibit to proposed memorandum in support of motion for preliminary injunction, #38 exhibit to proposed memorandum in support of motion for preliminary injunction, #39 exhibit to proposed memorandum in support of motion for preliminary injunction, #40 exhibit to proposed memorandum in support of motion for preliminary injunction, #41 exhibit to proposed memorandum in support of motion for preliminary injunction, #42 exhibit to proposed memorandum in support of motion for preliminary injunction, #43 exhibit to proposed memorandum in support of motion for preliminary injunction, #44 exhibit to proposed memorandum in support of motion for preliminary injunction, #45 exhibit to proposed memorandum in support of motion for preliminary injunction, #46 exhibit to proposed memorandum in support of motion for preliminary injunction)(Rothert, Anthony) |
| Filing 11 MOTION for Preliminary Injunction by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Rothert, Anthony) |
| Filing 10 ENTRY of Appearance by Emily Lazaroff for Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Lazaroff, Emily) |
| Filing 9 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (Wilcox, Gillian) |
| Filing 8 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Missouri State Conference of the National Association for the Advancement of Colored People. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (Wilcox, Gillian) |
| Filing 7 ENTRY of Appearance by Gillian R. Wilcox for Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Wilcox, Gillian) |
| Filing 6 AMENDED COMPLAINT pursuant to Federal Rule of Civil Procedure 15(a)(1)(2) against defendant Wentzville R-IV School District yes Summons(es) issued, Waivers issued no, Consents issued n/a, non-jury demand, pursuant to Federal Rule of Civil Procedure 15(a)(1)(2), filed by C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Rothert, Anthony) |
| Filing 5 SUMMONS Returned Executed filed by C.K.-W., D.L.. Wentzville R-IV School District served on 2/22/2022, answer due 3/15/2022. (Rothert, Anthony) |
| Filing 4 ENTRY of Appearance by Molly E. Carney for Plaintiffs C.K.-W., D.L.. (Carney, Molly) |
| Filing 3 ENTRY of Appearance by Jessie M. Steffan for Plaintiffs C.K.-W., D.L.. (Steffan, Jessie) |
| Case Opening Notification. Judge Assigned: U.S. District Judge Matthew T. Schelp. 1 Summons(es) issued and emailed to attorney Anthony E. Rothert. (BAK) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs C.K.-W., D.L. Process Server: Tim Moore/Pro-Serve (Rothert, Anthony) |
| Filing 1 COMPLAINT for prospective relief against defendant Wentzville R-IV School District with receipt number AMOEDC-9131335, in the amount of $402 Non-Jury Demand,, filed by C.K.-W., D.L.. (Attachments: #1 Ex.1 Policy 6310, #2 Ex. 2 Regulation 6310, #3 Ex. 3 Policy 6241, #4 Ex. 4 Regulations 6241, #5 Ex. 5 Challenge Book Review Committee Decision - The Bluest Eye, #6 Civil Cover Sheet, #7 Summons, #8 Original Filing Form)(Rothert, Anthony) |
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